Intercantonal Agreement on Public Procurement (IVöB) - Subject Matter (IVÖB)

1. This Agreement applies to the awarding of public contracts by subordinate contracting authorities both within and outside the scope of the State Treaty area.

1. This Agreement aims to

a) ensure the economically and socio-economically, ecologically, and socially sustainable use of public funds;

b) ensure the transparency of the procurement process;

c) ensure equal treatment and non-discrimination of providers;

d) promote effective and fair competition among providers, particularly through measures against unlawful collusion and corruption.

1. In this Agreement, the following terms shall mean

a) Provider: a natural or legal person of private or public law, or a group of such persons, who offer services, apply to participate in a public tender, the transfer of a public task, or the granting of a concession;

b) Public Enterprise: an enterprise over which government authorities can exert direct or indirect dominant influence due to ownership, financial participation, or the regulations applicable to the enterprise; a dominant influence is presumed if the enterprise is predominantly financed by the state or other public enterprises, if it is subject to oversight regarding its management by the state or other public enterprises, or if its administrative, management, or supervisory body consists mainly of members appointed by the state or other public enterprises;

c) State Treaty Area: the scope of Switzerland’s international obligations concerning public procurement;

d) Working Conditions: mandatory provisions of the Swiss Code of Obligations of March 30, 1911, concerning employment contracts, normative provisions of collective labor agreements and standard work contracts, or, where these are lacking, the working conditions customary in the locality and industry;

e) Occupational Safety Provisions: regulations of public labor law, including the provisions of the Employment Act of March 13, 1964, and its implementing regulations, as well as provisions for accident prevention;

f) Institution of Public Law: any institution that

1. was established for the specific purpose of fulfilling public interest tasks of a non-commercial nature;

2. possesses legal personality; and

3. is predominantly financed by the state, territorial authorities, or other institutions of public law, is subject to their supervision regarding its management, or whose administrative, management, or supervisory body consists mainly of members appointed by the state, territorial authorities, or other institutions of public law;

g) State Authorities: the state, territorial authorities, institutions of public law, and associations that consist of one or more of these bodies or institutions of public law.

1. In the area of international treaties, this Agreement is applicable to state authorities as well as central and decentralized administrative units, including institutions of public law at the cantonal, district, and municipal levels under cantonal and communal law, with the exception of their commercial activities.

2. In the area of international treaties, this Agreement also applies to state authorities as well as public and private enterprises that provide public services and are endowed with exclusive or special rights, insofar as they engage in activities in one of the following sectors in Switzerland

a) Providing or operating fixed networks to supply the public in connection with the production, transport, or distribution of potable water or supplying these networks with potable water;

b) Providing or operating fixed networks to supply the public in connection with the production, transmission, or distribution of electrical energy or supplying these networks with electrical energy;

c) Operating networks to supply the public in the field of transport by urban rail, automated systems, tramway, trolleybus, bus, or cable car;

d) Supplying transportation companies in air traffic with airports or other terminal facilities;

e) Supplying transportation companies in inland waterway traffic with ports or other terminal facilities;

f) Providing or operating railways, including traffic conducted on them;

g) Providing or operating fixed networks to supply the public in connection with the production, transport, or distribution of gas or heat or supplying these networks with gas or heat; or

h) Using a geographically defined area for the purpose of searching for or extracting petroleum, gas, coal, or other solid fuels.

3. The procuring entities as per paragraph 2 are subject to this Agreement only with respect to procurements for the described range of activities, but not for their other activities.

4. Outside the area of international treaties, this Agreement also applies to

a) Other entities responsible for cantonal and municipal tasks, with the exception of their commercial activities;

b) Objects and services that are subsidized by public funds to more than 50 percent of the total costs.

5. If a third party conducts the procurement of a public contract for one or more procuring entities, this third party is subject to this Agreement as the procuring entity it represents.

1. If multiple procuring entities subject to federal law and this agreement participate in a procurement, the law of the community whose procuring entity bears the largest portion of the financing shall apply. If the cantonal share overall exceeds the federal share, this agreement shall apply.

2. If multiple procuring entities subject to this agreement participate in a procurement, the law of the canton with the largest share of the financing shall apply.

3. Procuring entities involved in a procurement may, by mutual agreement, subject a joint procurement to the law of any participating procuring entity, deviating from the aforementioned principles.

4. A procurement whose execution does not take place within the legal jurisdiction of the procuring entity is subject to the law either at the seat of the procuring entity or at the place where the services are primarily rendered, as chosen.

5. A procurement by a joint body is subject to the law at the seat of that body. If no such seat exists, the law at the place where the services are primarily rendered applies.

6. Public or private enterprises with exclusive or special rights granted by the Confederation, or that perform tasks in the national interest, may choose whether to subject their procurements to the law at their seat or to federal law.

1. Under this agreement, providers from Switzerland are permitted to offer their services, as well as providers from countries with which Switzerland has contractually committed to grant market access, the latter within the framework of mutually undertaken obligations.

2. Outside the scope of international treaties, foreign providers from countries are permitted to offer their services to the extent that these countries offer reciprocity, or as permitted by the contracting authority.

3. The Federal Council shall maintain a list of countries that have committed to granting market access to Switzerland. This list shall be updated periodically.

4. The cantons may conclude agreements with border regions and neighboring states.

1. If effective competition exists in a sector market according to Article 4, paragraph 2, the Intercantonal Agency for Public Procurement (InöB) may propose to the Federal Council to exempt the respective procurements, in whole or in part, from the application of this agreement. Procuring entities operating in the affected sector market are entitled to submit a relevant request to the InöB.

2. An exemption applies to the respective procurements of all procuring entities operating in the affected sector market.

1. A public contract is an agreement concluded between a contracting authority and a provider, which serves the fulfillment of a public task. It is characterized by its remunerativeness and the exchange of performance and consideration, with the characteristic performance being provided by the provider.

2. The following services are distinguished

a) Construction services (main construction and ancillary trades);

b) Supplies;

c) Services.

3. Mixed contracts consist of different services according to paragraph 2 and form a complete transaction. The qualification of the complete transaction follows the financially predominant service. Services must not be mixed or bundled with the intention or effect of circumventing the provisions of this agreement.

1. The transfer of a public task or the granting of a concession is considered a public contract if it grants the provider exclusive or special rights to be exercised in the public interest, and if the provider receives compensation or remuneration directly or indirectly. Special statutory provisions of federal and cantonal law take precedence.

1. This Agreement does not apply to

a) the procurement of services with respect to the commercial sale or resale, or with respect to use in the production or offering of services for commercial sale or resale;

b) the acquisition, lease, or rental of land, buildings, and facilities, as well as the corresponding rights thereto;

c) the provision of financial grants;

d) contracts relating to financial services connected with the issue, purchase, sale, transfer, or management of securities or other financial instruments, as well as services of central banks;

e) orders placed with institutions for the disabled, organizations for labor integration, charitable institutions, and penal institutions;

f) employment contracts;

g) public-law pension schemes of the cantons and municipalities.

2. This Agreement also does not apply to the procurement of services

a) from providers who hold an exclusive right to provide such services;

b) from other legally independent contracting authorities that are themselves subject to procurement law, insofar as these contracting authorities do not provide such services in competition with private providers;

c) from non-autonomous organizational units of the contracting authority;

d) from providers over whom the contracting authority exercises control equivalent to that over its own departments, insofar as these entities primarily provide their services for the contracting authority.

3. This Agreement further does not apply to public contracts,

a) where deemed necessary for the protection and maintenance of external or internal security or public order;

b) insofar as necessary to protect the health or life of humans or to protect animal and plant life;

c) insofar as their tendering would infringe intellectual property rights.

1. In the awarding of public contracts, the contracting authority observes the following procedural principles

a) It conducts procurement procedures in a transparent, objective, and impartial manner;

b) It takes measures against conflicts of interest, unlawful collusion, and corruption;

c) It ensures equal treatment of providers at all stages of the procedure;

d) It refrains from rounds of bidding reductions;

e) It maintains the confidential nature of the providers' information.

1. For the services to be provided domestically, the contracting authority shall award a public contract only to providers who comply with the relevant domestic occupational safety regulations and working conditions, the reporting and authorization obligations according to the Federal Act on Measures to Combat Undeclared Work (Federal Act against Undeclared Work, FAU) of June 17, 2005, as well as the provisions on equal treatment of women and men with regard to equal pay.

2. For the services to be provided abroad, the contracting authority shall award a public contract only to providers who comply at least with the core conventions of the International Labour Organization (ILO) as specified in Annex 3. The contracting authority may also demand compliance with additional essential international labor standards and require corresponding proof, as well as arrange for inspections.

3. The contracting authority shall award a public contract only to providers who comply at least with the legal provisions applicable at the place of performance concerning environmental protection and the preservation of natural resources; in the domestic context, this includes the provisions of Swiss environmental law, and abroad, the international agreements designated by the Federal Council for environmental protection according to Annex 4.

4. Subcontractors are obligated to comply with the requirements set out in paragraphs 1 to 3. These obligations shall be incorporated into the agreements between the providers and the subcontractors.

5. The contracting authority may monitor compliance with the requirements of paragraphs 1 to 3 or delegate the control to third parties, provided this task has not been delegated to a special legal authority or another suitable body, particularly a joint control body. To carry out these inspections, the contracting authority may furnish the authority or control body with the necessary information and documents. Upon request, the provider must furnish the necessary evidence.

6. The authorities and control bodies involved in ensuring compliance with the requirements of paragraphs 1 to 3 shall report to the contracting authority on the results of the inspections and any measures taken.

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

a) have a personal interest in a contract;

b) are married to, in a registered partnership with, or in a de facto domestic partnership with a vendor or a member of its organs;

c) are related or connected by marriage in a direct line or up to the third degree laterally with a vendor or a member of its organs;

d) act as representatives of a vendor or have worked on the same matter for a vendor; or

e) display a lack of the independence required for conducting public procurements due to other circumstances.

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

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

4. The contracting authority may stipulate in the call for tenders that vendors who are in a relationship constituting grounds for recusal with a member of the jury for competitions and study contracts are excluded from the procedure.

1. Providers involved in the preparation of a procurement procedure are not permitted to submit a bid if the competitive advantage gained thereby cannot be offset by appropriate means and if the exclusion does not jeopardize effective competition among providers.

2. Appropriate means to offset the competitive advantage include, in particular

a) the disclosure of all essential information regarding the preliminary work;

b) the announcement of those involved in the preparation;

c) the extension of the minimum deadlines.

3. A market inquiry conducted by the contracting authority prior to the public tender does not result in the prior involvement of the solicited providers. The contracting authority discloses the results of the market inquiry in the tender documents.

1. The client estimates the anticipated contract value.

2. A public contract shall not be divided in order to circumvent the provisions of this agreement.

3. For the estimation of the contract value, the entirety of the services or remunerations to be put out to tender, insofar as they are substantively or legally closely related, must be considered. All components of the remunerations must be included, including renewal options and options for follow-up contracts, as well as all expected premiums, fees, commissions, and interest, excluding value-added tax.

4. For fixed-term contracts, the contract value is calculated based on the cumulative remunerations over the fixed term, including any renewal options. The fixed term shall generally not exceed 5 years. In justified cases, a longer term may be provided for.

5. For contracts with an indefinite term, the contract value is calculated based on the monthly remuneration multiplied by 48.

6. For contracts for recurring services, the contract value is calculated based on the remuneration for such services during the last 12 months or, for a first-time assignment, based on the estimated requirements over the next 12 months.

1. The choice of procedure depends on whether a contract reaches a threshold value according to Annexes 1 and 2. The InöB periodically adjusts the thresholds in consultation with the Federal Council in accordance with international obligations.

2. In the event of an adjustment of international obligations regarding threshold values, the Confederation guarantees the cantons' participation.

3. If the total value of several construction services for the realization of a building reaches the threshold value of the treaty area, the provisions of this agreement for procurements in the treaty area apply. However, if the values of the individual services do not reach two million Swiss francs and the combined value of these services does not exceed 20 percent of the total value of the building, the provisions for procurements outside the treaty area apply to these services (de minimis clause).

4. Outside the treaty area, the relevant procedure for construction services is determined based on the value of the individual services.

1. Depending on the contract value and the threshold values, public contracts are awarded at the discretion of the contracting authority either through open procedures, selective procedures, invitation procedures, or negotiated procedures.

1. In the open procedure, the contracting authority publicly invites tenders for the contract.

2. All providers can submit a bid.

1. In the selective procedure, the contracting authority publicly announces the contract and invites providers to initially submit a request for participation.

2. The contracting authority selects the providers who are permitted to submit a bid based on their suitability.

3. The contracting authority may limit the number of providers allowed to submit a bid as long as effective competition is ensured. Whenever possible, at least three providers should be permitted to submit a bid.

1. The invitation procedure is applicable for public contracts outside the scope of the international treaty, in accordance with the threshold values of Annex 2.

2. In the invitation procedure, the contracting authority determines which providers it wishes to invite to submit a bid without a public tender. For this purpose, it prepares tender documents. Wherever possible, at least three bids are obtained.

1. In the negotiated procedure, the contracting authority awards a public contract directly without a tender. The contracting authority is entitled to solicit comparative offers and conduct negotiations.

2. The contracting authority may award a contract through a negotiated procedure, irrespective of the threshold value, if one of the following conditions is met

a) no offers or requests to participate are received in the open, selective, or invitational procedure, no offer meets the essential requirements of the tender or the technical specifications, or no bidder meets the suitability criteria;

b) there are sufficient indications that all offers received in the open, selective, or invitational procedure are based on an unlawful collusion;

c) only one bidder is suitable due to the technical or artistic nature of the contract, or for reasons of intellectual property protection, 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 invitational procedure can be conducted;

e) a change in supplier for services to replace, supplement, or expand already provided services is not possible for economic or technical reasons, would cause significant difficulties, or would result in substantial additional costs;

f) the contracting authority procures initial versions (prototypes) or innovative services that are manufactured or developed upon request within the framework of a research, experimental, study, or new development contract;

g) the contracting authority procures services at commodity exchanges;

h) the contracting authority can acquire services as part of a favorable, time-limited opportunity at a price significantly below usual prices (particularly in liquidation sales);

i) the contracting authority awards the follow-up contract to the winner of a design or comprehensive service competition or a selection process for design or comprehensive service studies; in this case, the following conditions must be met

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

2. the proposals were assessed by an independent panel of experts;

3. the contracting authority reserved the right in the tender to award the follow-up contract or coordination by negotiated procedure.

3. The contracting authority shall prepare documentation for each contract awarded under paragraph 2, containing the following content

a) Name of the contracting authority and the considered bidder;

b) Type and value of the procured service;

c) Explanation of the circumstances and conditions justifying the application of the negotiated procedure.

1. The principal, who conducts a planning or total service competition or awards study contracts, shall regulate the procedure in individual cases within the framework of the principles of this agreement. He may refer to relevant provisions of professional associations.

1. The principal may conduct an electronic auction for the procurement of standardized services within the framework of a procedure according to this agreement. During this process, the offers are revised after an initial comprehensive evaluation and reordered using electronic means, potentially through multiple rounds. This must be indicated in the call for tenders.

2. The electronic auction covers

a) the prices, if the contract is awarded to the lowest total price; or

b) the prices and the values for quantifiable components such as weight, purity, or quality, if the contract is awarded to the most advantageous offer.

3. The principal verifies whether the bidders meet the suitability criteria and whether the offers meet the technical specifications. An initial evaluation of the offers is carried out based on the award criteria and the weighting established for this purpose. Before the start of the auction, the principal provides each bidder with

a) the automatic evaluation method, including the mathematical formula based on the mentioned award criteria;

b) the result of the initial evaluation of their offer; and

c) all other relevant information necessary for conducting the auction.

4. All approved bidders are simultaneously and electronically invited to submit new or adjusted offers. The principal may limit the number of approved bidders, provided this has been announced in the call for tenders or in the tender documents.

5. The electronic auction may include several successive rounds. The principal informs all bidders of their respective ranking in each round.

1. In cases of complex contracts, intellectual services, or the procurement of innovative services, a contracting authority may conduct a dialogue within the framework of an open or selective procedure, with the goal of specifying the subject of performance and identifying and establishing the solutions or methods. The invitation to tender shall mention the dialogue.

2. The dialogue must not be conducted for the purpose of negotiating prices or total prices.

3. The contracting authority formulates and explains its needs and requirements in the invitation to tender or tender documents. It also announces

a) the procedure of the dialogue;

b) the possible content of the dialogue;

c) whether and how participation in the dialogue and the use of intellectual property rights as well as the knowledge and experience of the provider are remunerated;

d) the deadlines and modalities for submitting the final offer.

4. The contracting authority may reduce the number of participating providers based on objective and transparent criteria.

5. It documents the process and content of the dialogue in an appropriate and comprehensible manner.

1. The contracting authority may issue tenders with one or more providers with the aim of setting the terms for the services to be procured over a specific period, particularly concerning their price and, if applicable, the anticipated quantities. Based on such a framework agreement, the contracting authority may conclude individual contracts during its term.

2. Framework agreements must not be used with the intent or effect of hindering or eliminating competition.

3. The term of a framework agreement shall not exceed five years. Automatic renewal is not permitted. In justified cases, a longer term may be provided for.

4. If a framework agreement is concluded with only one provider, the individual contracts based on this framework agreement shall be concluded according to the terms of the framework agreement. For the conclusion of the individual contracts, the contracting authority may invite the respective contracting partner in writing to complete their offer.

5. If framework agreements are concluded with multiple providers for sufficient reasons, the conclusion of individual contracts shall be at the discretion of the contracting authority, either according to the terms of the respective framework agreement without a renewed call for tenders or according to the following procedure

a) Prior to concluding each individual contract, the contracting authority shall consult the contracting partners in writing and inform them of the specific requirement;

b) The contracting authority shall set the contracting partners a reasonable deadline for the submission of offers for each individual contract;

c) Offers must be submitted in writing and are binding for the duration specified in the request;

d) The contracting authority shall conclude the individual contract with the contracting partner who submits the best offer based on the criteria defined in the tender documents or in the framework agreement.

1. The client ensures within the framework of the procurement procedure and during the provision of the awarded services that the provider and its subcontractors fulfill the eligibility criteria, specifically the requirements according to Article 12, have paid the due taxes and social insurance contributions, and refrain from unlawful competition agreements.

2. The client may require the provider to demonstrate compliance with the eligibility criteria, particularly through a self-declaration or inclusion in a registry.

3. The client specifies in the tender or in the tender documents at what point in time which evidence must be submitted.

1. The contracting authority shall definitively establish the criteria for the suitability of the bidder in the call for tenders or in the tender documents. These criteria must be objectively necessary and verifiable in regard to the procurement project.

2. The suitability criteria may particularly pertain to the bidder's professional, financial, economic, technical, and organizational capabilities as well as the bidder's experience.

3. The contracting authority shall indicate in the call for tenders or in the tender documents at what point in time and which evidence must be submitted.

4. It shall not be a condition that the bidder has already received one or more public contracts from a contracting authority subject to this agreement.

1. The contracting authority or the authority responsible by legal order may maintain a register of providers who, based on their suitability, meet the requirements for undertaking public contracts.

2. The following information must be published on the federal and cantonal Internet platform

a) The reference location of the register;

b) Information on the criteria to be fulfilled;

c) Examination methods and registration conditions;

d) Duration of validity and procedures for renewal of registration.

3. A transparent procedure must ensure that the submission of applications, the examination or re-examination of suitability, as well as the registration of an applicant in the register or their removal from the register, are possible at any time.

4. In a specific procurement project, providers not listed in a register are also permitted, provided they furnish proof of suitability.

5. If the register is abolished, the providers listed therein will be informed.

1. The contracting authority evaluates the offers based on performance-related award criteria. In addition to the price and quality of a service, it may specifically consider criteria such as suitability, deadlines, technical value, cost-effectiveness, lifecycle costs, aesthetics, sustainability, plausibility of the offer, creativity, customer service, delivery conditions, infrastructure, level of innovation, functionality, readiness to provide service, expertise, or efficiency of the methodology.

2. Outside the scope of the state contract area, the contracting authority may additionally consider to what extent the provider offers training positions for apprentices in basic vocational education, jobs for older employees, or reintegration for the long-term unemployed.

3. The contracting authority announces the award criteria and their weighting in the call for tenders or the tender documents. If solutions, solution paths, or procedures are the subject of the procurement, disclosure of the weighting may be waived.

4. For standardized services, the award may be based exclusively on the criterion of the lowest price.

1. The principal specifies the necessary technical specifications in the invitation to tender or in the tender documents. These define the characteristics of the procurement object such as function, performance, quality, safety, and dimensions or production processes, and regulate the requirements for labeling and packaging.

2. When establishing the technical specifications, the principal relies, as far as possible and appropriate, on international standards, otherwise on technical regulations used in Switzerland, recognized national standards, or industry recommendations.

3. Specific companies or brands, patents, copyrights, designs, or types as well as references to a particular origin or specific producers are not permissible as technical specifications, unless there is no other sufficiently precise or comprehensible way of describing the services, and in this case, the principal includes the words "or equivalent" in the tender documents. The equivalence must be proven by the provider.

4. The principal may provide for technical specifications for the preservation of natural resources or the protection of the environment.

1. Joint ventures and subcontractors are permitted, unless the contracting authority excludes or limits them in the invitation to tender or in the tender documents.

2. Multiple applications from subcontractors or from bidders within the framework of joint ventures are only possible if they are expressly permitted in the invitation to tender or in the tender documents.

3. The characteristic service must, as a rule, be performed by the provider.

1. The supplier must submit a comprehensive offer for the procurement item.

2. The contracting authority may divide the procurement item into lots and award them to one or more suppliers.

3. If the contracting authority has formed lots, suppliers may submit an offer for several lots, unless the contracting authority has stipulated otherwise in the tender. It can specify that an individual supplier may receive only a limited number of lots.

4. If the contracting authority reserves the right to require suppliers to cooperate with third parties, it will announce this in the tender.

5. The contracting authority may reserve the right in the tender to award partial services.

1. Providers are free to propose variants in addition to the offer of the service described in the tendering procedure. The contracting authority may restrict or exclude this possibility in the tender.

2. A variant is considered any offer that can achieve the procurement objective in a manner different than that envisioned by the contracting authority.

1. Offers and applications for participation must be submitted in writing, completely and in a timely manner, in accordance with the specifications in the invitation to tender or in the tender documents.

2. They may be submitted electronically if this is provided for in the invitation to tender or in the tender documents, and if the requirements defined by the contracting authority are met.

1. The publication of a call for tenders shall contain at least the following information

a) Name and address of the contracting authority;

b) Type of contract and procedure as well as the relevant CPV classification, additionally the relevant CPC classification in the case of services;

c) Description of the services, including type and quantity, or an estimate in that regard if the quantity is unknown, as well as any options;

d) Place and time of service delivery;

e) If applicable, a division into lots, a limitation on the number of lots, and an allowance for partial bids;

f) If applicable, a restriction or exclusion of bidding consortia and subcontractors;

g) If applicable, a restriction or exclusion of variants;

h) For services needed on a recurring basis, if possible, an indication of the timing of the next call for tenders and, if applicable, a note that the bid submission deadline is shortened;

i) If applicable, a note that an electronic auction will take place;

j) If applicable, the intention to conduct a dialogue;

k) The deadline for submitting bids or requests to participate;

l) Formal requirements for submitting bids or requests to participate, possibly the stipulation that service and price must be offered in two separate envelopes;

m) Language or languages of the procedure and the bid;

n) The suitability criteria and the required proof;

o) In a selective procedure, if applicable, the maximum number of bidders to be invited to submit a bid;

p) The award criteria and their weighting, provided that this information is not included in the tender documents;

q) If applicable, the reservation to award partial services;

r) The validity period of the bids;

s) The source of the tender documents and, if applicable, a cost-covering fee;

t) An indication of whether the procurement falls within the scope of the state contract area;

u) If applicable, pre-referenced bidders admitted to the procedure;

v) Information on legal remedies.

1. Insofar as these details are not already included in the call for tenders, the tender documents provide information on

a) The name and address of the contracting authority;

b) The subject matter of the procurement, including technical specifications and conformity certificates, plans, drawings, and necessary instructions, as well as information on the requested quantity;

c) Requirements for form and participation conditions for bidders, including a list of information and documents that bidders must submit in connection with the participation conditions, as well as any weighting of suitability criteria;

d) The award criteria and their weighting;

e) If the contracting authority processes the procurement electronically: any requirements for authentication and encryption in the electronic submission of information;

f) If the contracting authority foresees an electronic auction: the rules governing how the auction will be conducted, including the designation of those bid elements that can be adjusted and evaluated based on the award criteria;

g) The date, time, and place for the opening of bids, should the bids be opened publicly;

h) Any other modalities and conditions necessary for the preparation of bids, particularly indicating the currency (usually Swiss Francs) in which the bid is to be submitted;

i) Dates for the provision of services.

1. In the open and selective procedures, as well as in the invitation procedures, all timely submitted bids are opened by at least two representatives of the contracting entity.

2. A record of the opening of the bids is prepared. This record must include at least the names of the persons present, the names of the bidders, the date of submission of their bids, any variations in the bids, and the respective total prices of the bids.

3. If performance and price are to be offered in separate envelopes, the opening of the envelopes shall proceed according to paragraphs 1 and 2, whereby only the total prices are to be recorded in the record of the opening of the second envelopes.

4. All bidders shall be granted access to the record upon request at the latest after the contract award.

1. The principal examines the submitted bids for compliance with the formal requirements. Apparent calculation errors are corrected ex officio.

2. The principal may require the bidders to clarify their bids. He documents the inquiry and the answers in writing.

3. If a bid is received with a price that appears unusually low compared to other bids, the principal must obtain appropriate inquiries from the bidder to determine whether the conditions of participation have been met and the further requirements of the call for tenders are understood.

4. If performance and price are to be submitted in separate envelopes, the principal first creates a ranking list based on the quality of the bids. In a second step, he evaluates the total prices.

1. The contracting authority may negotiate offers with the bidders regarding the services and modalities of their provision in order to determine the most advantageous offer.

2. Such negotiation only takes place if

a) it is necessary to clarify the contract or the offers or to make the offers objectively comparable according to the award criteria; or

b) performance changes are objectively and factually required, provided that the performance object, criteria, and specifications are not adjusted in such a way that the characteristic performance or the potential circle of bidders is altered.

3. A request for a price adjustment is only permissible in connection with the circumstances outlined in section 2.

4. The contracting authority records the results of the negotiation in a protocol.

1. Provided that the suitability criteria and the technical specifications are met, the offers will be examined and evaluated objectively, consistently, and transparently according to the award criteria. The contracting authority documents the evaluation.

2. If the comprehensive examination and evaluation of the offers require significant effort and the contracting authority has announced this in the invitation to tender, it may subject all offers to an initial examination and ranking based on the submitted documents. On this basis, it will select, if possible, the three highest-ranked offers and subject them to a comprehensive examination and evaluation.

1. The most advantageous offer shall be awarded the contract.

1. The contract with the selected provider may be concluded after the expiration of the appeal period against the award, unless the cantonal administrative court has granted suspensive effect to an appeal against the award.

2. If an appeal procedure against the award is pending without the suspensive effect having been requested or granted, the contracting authority shall promptly inform the court of the conclusion of the contract.

1. The contracting authority may cancel the procurement procedure, particularly if

a) it refrains from awarding the public contract for sufficient reasons;

b) no bid meets the technical specifications or other requirements;

c) due to changed conditions, more advantageous offers are expected;

d) the submitted bids do not allow for economical procurement or significantly exceed the budget;

e) there are sufficient indications of an unlawful collusion among the bidders;

f) a substantial change in the requested service is required.

2. In the case of a justified cancellation, the bidders are not entitled to compensation.

1. The contracting authority may exclude a supplier from an award procedure, remove them from a directory, or revoke an award already granted if it is found that any of the following circumstances apply to the supplier, its organs, an engaged third party, or their organs

a) they do not or no longer meet the requirements for participating in the procedure, or their conduct impairs the lawful course of the award procedure;

b) the bids or applications for participation contain significant formal errors or deviate substantially from the mandatory requirements of an invitation to tender;

c) there is a final conviction for an offense to the disadvantage of the respective contracting authority or for a crime;

d) they are involved in a seizure or bankruptcy procedure;

e) they have violated anti-corruption provisions;

f) they oppose ordered controls;

g) they do not pay due taxes or social contributions;

h) they have performed previous public contracts inadequately or have otherwise demonstrated not to be reliable and trustworthy contracting partners;

i) they were involved in the preparation of the procurement, and the resulting competitive disadvantage for other suppliers cannot be compensated with appropriate measures;

j) they have been legally excluded from future public contracts as per Article 45 paragraph 1.

2. The contracting authority may also take measures pursuant to paragraph 1 if there are sufficient indications that any of the following circumstances apply to the supplier, its organs, an engaged third party, or their organs in particular

a) they have made false or misleading statements and information to the contracting authority;

b) impermissible competition agreements have been made;

c) they submit an unusually low offer without demonstrating upon request that they adhere to the participation conditions and do not provide assurance for the contract-compliant performance of the tendered services;

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

e) they are insolvent;

f) they disregard occupational safety regulations, working conditions, provisions regarding equality between men and women concerning wage equality, confidentiality provisions, Swiss environmental law, or international agreements for environmental protection designated by the Federal Council;

g) they have violated notification or authorization obligations under the BGSA;

h) they violate the Federal Law against Unfair Competition (UWG) of December 19, 1986.

1. The contracting authority or the competent authority designated by law may exclude a supplier or subcontractor, who either personally or through its bodies seriously fulfills one or more of the conditions set out in Article 44 paragraph 1 letters c and e as well as paragraph 2 letters b, f, and g, from future public contracts for a period of up to five years or impose a fine of up to ten percent of the adjusted bid amount. In minor cases, a warning may be issued.

2. These sanction possibilities apply irrespective of further legal actions against the defaulting supplier, subcontractor, or their bodies. The contracting authority or the competent authority designated by law shall inform the Competition Commission of any suspicion of unlawful agreements affecting competition as per Article 44 paragraph 2 letter b.

3. The contracting authority or the competent authority designated by law shall report a legally binding exclusion according to paragraph 1 to the InöB. The InöB maintains a non-public list of sanctioned suppliers and subcontractors, indicating the reasons for the exclusion and the duration of the exclusion from public contracts. It ensures that each contracting authority can access the corresponding information regarding a specific supplier or subcontractor. For this purpose, it may establish a retrieval procedure. The federal government and the cantons shall provide each other with all information gathered under this article. After the sanction expires, the entry is deleted from the list.

4. If a contracting authority breaches this agreement, the competent authority designated by law shall issue the appropriate instructions and ensure their compliance.

5. If financial contributions are granted for a public contract, these contributions may be wholly or partially withdrawn or reclaimed if the contracting authority violates procurement regulations.

1. When determining the deadlines for the submission of bids or requests to participate, the contracting authority shall take into account the complexity of the contract, the anticipated number of subcontracts, and the means of transmission.

2. In the area of state contracts, the following minimum periods apply

a) For open procedures: 40 days from the publication of the tender for the submission of bids;

b) For selective procedures: 25 days from the publication of the tender for the submission of requests to participate and 40 days from the invitation to prepare a bid for the submission of bids.

3. Any extension of these deadlines must be notified to all bidders in a timely manner or published.

4. Outside the area of state contracts, the deadline for the submission of bids is generally at least 20 days. For largely standardized services, the period can be reduced to no less than 5 days.

1. The principal may shorten the minimum time limits pursuant to Article 46 paragraph 2 to no less than 10 days in cases of proven urgency.

2. He may reduce the minimum offer period of 40 days pursuant to Article 46 paragraph 2 by 5 days each if

a) the invitation to tender is published electronically;

b) the tender documents are simultaneously published electronically;

c) offers are accepted via electronic means.

3. He may shorten the minimum offer period of 40 days pursuant to Article 46 paragraph 2 to no less than 10 days, provided that he has published a prior notice containing the following at least 40 days and no more than 12 months before the call for tender

a) Subject of the intended procurement;

b) Approximate deadline for the submission of offers or requests to participate;

c) Declaration that interested suppliers should communicate their interest in the procurement to the principal;

d) Source of the tender documents;

e) All other information available at that time pursuant to Article 35.

4. He may reduce the minimum offer period of 40 days according to Article 46 paragraph 2 to no less than 10 days, if he procures recurrently needed services and had indicated a reduction of the time limit in a previous invitation to tender.

5. Furthermore, the principal may, when purchasing commercial goods or services or a combination of both, in any case shorten the period for submission of offers to no less than 13 days, provided that he publishes the tender documents electronically at the same time as the invitation to tender. If the principal accepts offers for commercial goods or services electronically, he may also reduce the period to no less than 10 days.

1. In the open and selective procedures, the contracting authority publishes the prior notice, the invitation to tender, the award, as well as the cancellation of the procedure on an internet platform for public procurement jointly operated by the Confederation and the Cantons. The authority also publishes awards that were directly awarded in the context of international agreements.

2. The tender documents are generally made available simultaneously and electronically. Access to these publications is free of charge.

3. The organization tasked by the Confederation and the Cantons with the development and operation of the internet platform can impose fees or charges on the contracting authorities, the providers, or other persons who use the platform or associated services. These fees are assessed based on the number of publications or the scope of services used.

4. For each contract in the area of international agreements that is not tendered in an official language of the World Trade Organization (WTO), the contracting authority publishes a summary of the announcement in an official WTO language simultaneously with the tender. The summary contains at least

a) the subject of the procurement;

b) the deadline for submitting offers or requests to participate;

c) the source for obtaining the tender documents.

5. Outside the area of international agreements, the linguistic circumstances of the region in which the contract is to be executed must be taken into account.

6. Awards granted in the area of international agreements should generally be published within 30 days. The notification includes the following information

a) type of procedure applied;

b) subject and scope of the contract;

c) name and address of the contracting authority;

d) date of the award;

e) name and address of the successful provider;

f) total price of the successful offer, including value-added tax.

7. The Cantons may provide for additional publication media.

1. The contracting authorities shall retain the relevant documents related to a procurement procedure for at least three years from the date the award decision becomes final and binding.

2. The documents to be retained include

a) the call for tenders;

b) the tender documents;

c) the minutes of the bid opening;

d) the correspondence concerning the procurement procedure;

e) the negotiation minutes;

f) decisions within the framework of the procurement procedure;

g) the accepted offer;

h) data for the traceability of the electronic execution of a procurement;

i) documentation on direct award public contracts in the area governed by international treaties.

3. All documents must be treated confidentially for the duration of their retention, unless this agreement provides for disclosure. The obligation to provide information remains reserved, provided there is a legal basis for doing so.

1. The cantons shall prepare an electronically maintained statistic for the State Secretariat for Economic Affairs (SECO) regarding procurements in the domain of public contracts within 12 months following the end of each calendar year.

2. The statistics shall contain at least the following information

a) The number and total value of public contracts for each contracting authority, categorized by construction, supply, and service contracts, indicating the CPC or CPV classification;

b) The number and total value of public contracts awarded through the direct award procedure;

c) If no data can be provided: estimates concerning the information according to points a and b, including explanations of the estimation method used.

3. The total value must be stated inclusive of value-added tax.

4. The comprehensive statistics of SECO are publicly accessible subject to data protection and the safeguarding of trade secrets.

**1. The Client issues orders through publication or by individual delivery to the providers. The providers have no entitlement to the right to be heard before the issuance of the order.**

**2. Decisions subject to appeal must be briefly justified and accompanied by instructions on legal remedies.**

**3. The brief justification of an award includes:**

a) the type of procedure and the name of the successful provider;

b) the total price of the successful offer;

c) the decisive characteristics and advantages of the successful offer;

d) if applicable, an explanation of the reasons for a direct award.

**4. The Client must not disclose any information if doing so would:**

a) violate applicable law or harm public interests;

b) impair the legitimate economic interests of the providers; or

c) endanger fair competition among the providers.**

1. Appeals against decisions of contracting authorities are permissible at the cantonal administrative court as the sole cantonal instance, at least from the contract value relevant for the invitation procedure.

2. The Federal Court has direct jurisdiction over appeals against procurements by the upper cantonal judicial authorities.

3. Foreign providers are only permitted to lodge appeals in cases outside the scope of the state treaty area if the state in which they are domiciled grants reciprocity.

1. Only the following decisions are subject to appeal

a) the publication of the contract notice;

b) the decision regarding the selection of the bidders in the selective procedure;

c) the decision regarding the inclusion of a provider in a directory or the removal of a provider from a directory;

d) the decision on requests for disqualification;

e) the award;

f) the withdrawal of the award;

g) the termination of the procedure;

h) the exclusion from the procedure;

i) the imposition of a sanction.

2. Provisions in the tender documents that are clearly identifiable must be contested together with the tender notice.

3. The provisions of this agreement concerning the right to be heard in the decision-making process, the suspensive effect, and the limitation of grounds for appeal do not apply to appeals against the imposition of a sanction.

4. Decisions under paragraph 1 letters c and i may be contested by an appeal regardless of the contract value.

5. In all other respects, legal protection against decisions under this agreement is excluded.

6. The appeal against the conclusion of individual contracts pursuant to Article 25 paragraphs 4 and 5 is excluded.

1. The appeal does not have suspensive effect.

2. The cantonal administrative court may grant suspensive effect to an appeal upon request if the appeal appears to be sufficiently justified and no overriding public interests oppose it. As a rule, only a written exchange of documents takes place regarding the question of suspensive effect.

3. A request for suspensive effect that is abusive or made in bad faith is not protected. Claims for damages by the client and the successful bidder are to be adjudicated by the civil courts.

1. The procedure for injunctions and complaints shall be governed by the provisions of cantonal laws on administrative justice, insofar as this agreement does not specify otherwise.

1. Complaints must be submitted in writing and with reasons within 20 days from the notification of the decision.

2. Court holidays do not apply.

3. The following can be contested with the complaint

a) Legal violations, including excess or misuse of discretion; as well as

b) incorrect or incomplete determination of the facts relevant to the law.

4. The appropriateness of a decision cannot be reviewed as part of a complaint procedure.

5. Only those who can prove that they are able and willing to provide the requested services or substitutable services can lodge a complaint against awards in the direct award procedure. It can only be contested that the direct award procedure was wrongly applied or that the award was granted due to corruption.

1. There is no entitlement to file inspection in the provisional proceedings.

2. In the appeal proceedings, the appellant is to be granted access to the assessment of their offer and other decision-relevant procedural files upon request, unless overriding public or private interests oppose it.

1. The appeals instance may decide on the matter itself or refer it back to the lower instance or the contracting authority. In the event of a referral, it must provide binding instructions.

2. If the appeal is found to be justified and the contract with the selected provider has already been concluded, the appeals instance determines the extent to which the contested decision violates applicable law.

3. Simultaneously with the determination of the legal violation, the appeals instance decides on any potential claim for damages.

4. The compensation is limited to the necessary expenses incurred by the provider in connection with the preparation and submission of their offer.

1. If the appellate instance is to decide on a request for revision, Article 58 paragraph 2 applies mutatis mutandis.

1. The Oversight of Switzerland’s International Obligations in Public Procurement

The Commission for Procurement by the Confederation and the Cantons (KBBK) is responsible for overseeing Switzerland's compliance with international obligations in the area of public procurement. The Commission is composed of representatives from both the Confederation and the cantons on a parity basis. The State Secretariat for Economic Affairs (SECO) provides the secretariat services.

2. The KBBK specifically undertakes the following tasks

a) Formulating Switzerland's position in international forums for the Federal Council and advising Swiss negotiation delegations;

b) Promoting information and experience exchange between the Confederation and the cantons and developing recommendations regarding the implementation of international obligations into Swiss law;

c) Maintaining relations with foreign supervisory authorities;

d) Providing advice and mediation on a case-by-case basis in disputes related to transactions as per letters a to c.

3. If there are indications that Switzerland's international obligations concerning public procurement are being violated, the KBBK may intervene with the authorities of the Confederation or the cantons and prompt them to investigate the facts and take the necessary measures in case of identified deficiencies.

4. The KBBK may prepare expert opinions or engage experts for this purpose.

5. It establishes its own rules of procedure. These rules require the approval of the Federal Council and the InöB.

1. The members of the cantons involved in the agreement in the Swiss Conference of Construction, Planning, and Environmental Directors (BPUK) form the Intercantonal Body for Public Procurement (InöB).

2. The InöB, in particular, performs the following tasks

a) Enactment of this agreement;

b) Amendments to this agreement subject to the approval of the participating cantons;

c) Adjustment of threshold values;

d) Proposal to the Federal Council for exemption from being subject to this agreement and receipt of related applications from contracting authorities pursuant to Article 7, paragraph 1 (opt-out clause);

e) Monitoring the implementation of this agreement by the cantons and designation of a supervisory authority;

f) Maintenance of the list of sanctioned providers and subcontractors in accordance with Article 45, paragraph 3;

g) Regulation of the organization and procedure for the application of this agreement;

h) Activities as a contact point within the framework of international agreements;

i) Appointment of cantonal delegates to national and international bodies as well as approval of the corresponding business regulations.

3. The InöB makes its decisions with a three-quarters majority of those present, provided that at least half of the participating cantons are represented. Each participating canton has one vote, which is exercised by a member of the cantonal government.

4. The InöB collaborates with the conferences of heads of the affected cantonal directorates, with the cantonal technical conferences, and with the federal government.

1. The Cantons oversee the compliance with this agreement.

2. The InöB handles reports from Cantons concerning the compliance with this agreement by other Cantons.

3. Private individuals may submit reports to the InöB regarding the compliance with this agreement by the Cantons. Such reports do not confer party rights or entitlement to a decision.

4. The InöB issues regulations in this regard.

1. Each canton may join the agreement by declaring its intention to the InöB.

2. Withdrawal may occur at the end of a calendar year. It must be notified to the InöB six months in advance.

3. Accession, withdrawal, as well as any amendment or termination of this agreement, are communicated to the Federal Chancellery by the InöB.

4. The cantons may enact implementing provisions, particularly concerning Articles 10, 12, and 26, in compliance with Switzerland's international obligations.

1. Procurement procedures initiated before the entry into force of this agreement shall be concluded in accordance with the previous law.

2. In the event of a canton withdrawing, this agreement shall apply to the awarding of public contracts that are advertised before the end of the calendar year in which the withdrawal becomes effective.

1. This agreement shall enter into force once two cantons have acceded to it. The entry into force shall be communicated to the Federal Chancellery by the InöB.

2. For cantons that have not acceded to this agreement, the agreement of March 15, 2001, shall continue to apply.