Kanton Glarus (EGIVÖB)

Subject Matter

1 This Act governs the introduction of the Intercantonal Agreement on Public Procurement of 15 November 2019 (IVöB) in the Canton of Glarus.

Publications

1 Contracting authorities shall publish awards that have been made by direct award outside the scope of international treaties in accordance with Article 21, paragraph 2 IVÖB, in accordance with Article 48, paragraph 1 IVÖB.

Legal Protection

1 Appeals against decisions of contracting authorities (Art. 52 para. 1 IVÖB) are admissible from the invitation procedure stage.

Notification of Exclusions

1 In the case of exclusions pursuant to Article 45, paragraph 1, IVÖB, the contracting authority shall provide the Canton with a copy of the legally binding decision. The Canton shall report this to the Intercantonal Body for Public Procurement (InöB).

Award Criteria

1 In addition to the criteria mentioned in Article 29 GPA, the criteria "differing price levels in the countries where the service is provided" and "reliability of the price" may be taken into account, subject to Switzerland's international obligations.

1) SR 943.02

2)

GS II G/1/2/1

SBE 2024 03

1

II G/2/1

Implementing Provisions

1 The Government Council shall issue the implementing provisions for the IVöB and

regulate therein the details of the procedure, enforcement, and organization.

2 It is specifically authorized to

a. designate the bodies responsible for enforcement, controls, and supervision (Art. 12 para. 5, Art. 28 para. 1, Art. 45 para. 1–5, Art. 50 para. 1 and Art. 62 para. 1 and para. 2 IVöB);

b. define the modalities for electronic procedures (electronic submission of offers and issuance of decisions) (Art. 34 para. 2 IVöB);

c. provide for public opening of offers (Art. 37 IVöB);

d. provide for additional publication organs (Art. 48 para. 7 IVöB);

e. provide for additional statistics and reporting obligations for contracting authorities;

f. delegate the authority of the contracting authority to issue decisions (Art. 51 para. 1 IVöB);

g. designate the competent cantonal body for uniform enforcement, maintaining statistics, providing information, and for education and training in public procurement;

h. provide for measures that contracting authorities shall take against risks such as misconduct by bidders or procurement personnel.