Kanton Glarus (VEGIVÖB)

Subject Matter

1 This Ordinance governs the details of the procedure, enforcement, and organization in procurement.

Competent Department

1 The Department of Construction and Environment is the competent department for the uniform enforcement, the reporting of exclusions in accordance with Article 45 paragraph 1 IVÖB, the keeping of statistics, the provision of information, and the provision of training and continuing education opportunities in public procurement.

Delegation for the Opening of Procedures

1 The departments or commissions appointed by law, ordinance, or decision of the Government Council may award contracts under their own authority if the estimated total value

a. for construction contracts does not reach the value of 100,000 Swiss Francs;

b. for supply and service contracts does not reach the value of 50,000 Swiss Francs.

2 In all other cases, the Government Council is competent.

Whistleblowing Office for Malpractices

1 Malpractices in public procurement can be reported to a whistleblowing

office.

2 Reports can be made via a public email address, with or without personal

details.

1) GS II G/1/2/1

2) GS II G/G/2/1

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3 The whistleblowing office reviews the content of the report and, if there is

sufficient initial suspicion, forwards it to the competent supervisory body or

investigative authority. This body informs the whistleblowing office about the

outcome of its investigation upon completion.

2. Award Procedure

Dialogue

1 Where possible, the client shall select at least three providers whom they shall invite to a dialogue.

2 The procedure for the dialogue, including its duration, deadlines, compensation, and the use of intellectual property rights, shall be set out in a dialogue agreement. Consent to the dialogue agreement is a prerequisite for participation in the dialogue.

3 During a dialogue and even after the award of the contract, no information about the solutions and approaches of individual providers may be disclosed without the written consent of the providers concerned.

Submission of Tenders

1 Tenders and requests to participate in the selective procedure may be

submitted electronically if

a. the contracting authority permits electronic submission in the tender

documents;

b. the identity of the tenderers and the confidentiality of the tenders are

guaranteed;

c. the unalterability and completeness of the tenders and requests are

ensured.

2 Tenders and requests to participate in the selective procedure must bear a

legally valid signature.

Compensation of Tenderers

1 Tenderers are not entitled to compensation for participation in a procedure.

2 If the contracting authority requires advance services that go beyond the usual effort, it shall state in the tender documents whether and how it will compensate these advance services.

Opening of Bids

1 Bids must remain closed until the opening date, except in the case of a

negotiated procedure or for identification of the bid.

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2 All bidders shall be granted access to the minutes immediately after the bid opening, upon request.

Cleaning-up of Tenders

1 In the event of a tender clean-up, the contracting authority shall draw up a

protocol with the tenderers containing at least the following information

a. Place;

b. Date;

c. Names of participants;

d. Cleaned-up tender components;

e. Results of the tender clean-up.

Publications

1 No additional publication bodies are provided for the IVöB.

3. Statistics

### Obligation to Provide Statistics

1. Every contracting authority shall notify the Department of Construction and Environment of contracts whose award sum exceeds 10,000 Swiss francs (exclusive of value-added tax), in accordance with the Department's specifications.

2. The Department of Construction and Environment shall annually prepare a statistical report on public procurement in the Canton and publish it in an appropriate manner.

3. It shall forward the notifiable data concerning the Canton's procurements from the previous year, within the scope of state treaties, to the Intercantonal Body for Public Procurement (InöB).

4. Monitoring

Control and Supervision

1 The internal control bodies of the contracting authorities monitor compliance with public procurement law.

2 The Government Council is the cantonal supervisory authority. Excluded from this are procurements by the judicial authorities and Parliament.

3 Cantonal authorities that conclude service agreements with providers of public tasks shall regulate therein the compliance with public procurement law by the service providers.