CH-SH
Act on the Accession to the Revised Intercantonal Agreement on Public Procurement of 15 November 2019 - Accession
Table of Provisions (6)
Statutory Text (6 Articles)
1. The Canton of Schaffhausen joins the Intercantonal Agreement on Public Procurement (IAP) dated November 15, 2019.
1. The Schaffhausen Building Insurance is excluded from the subjective scope of application insofar as it pertains to investments in real estate and sustainability criteria are applied accordingly.
1. Appeals against orders pursuant to Art. 52 of the Intercantonal Agreement are permissible before the Supreme Court as the sole cantonal instance.
2. The provisions of the Administrative Procedure Act of September 20, 1971 (SRS 173.200) regarding appeals before the Supreme Court apply additionally.
1. The Government Council is authorized to
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| a) | conclude agreements with border regions and neighboring states pursuant to Art. 6 para. 4 IVöB | | |
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| b) | ratify amendments to the Intercantonal Agreement on Public Procurement, insofar as they are of minor importance (Art. 61) | | |
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| c) | declare the accession to and withdrawal from the Intercantonal Agreement on Public Procurement to the intercantonal body pursuant to Art. 63 IVöB | | |
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| d) | repeal the decision of the Grand Council regarding the accession to the revised Intercantonal Agreement on Public Procurement (IVöB) of December 16, 2002 (SHR [172.520](https://rechtsbuch.sh.ch/data/172.520/de)) concerning the accession to the Intercantonal Agreement on Public Procurement of March 15, 2001, once all cantons have acceded to the new Intercantonal Agreement on Public Procurement of November 15, 2019 | | |
2. Furthermore, the Department of Construction of the Canton of Schaffhausen is responsible for the implementation of these provisions. In particular, the Department of Construction is authorized, as necessary, to
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| a) | designate the body responsible for inspections (Art. 12 para. 5) | | |
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| b) | designate the office(s) responsible for enforcement, control, and supervision with respect to: | | |
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| | 1. | Art. 28 para. 1 | |
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| | 2. | Art. 45 para. 1 to 5 | |
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| | 3. | Art. 50 para. 1 | |
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| | 4. | Art. 62 paras. 1 and 2 IVöB | |
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| c) | provide for public tenders (Art. 37) | | |
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| d) | designate an additional publication organ in the sense of Art. 48 para. 7 IVöB | | |
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| e) | delegate the authority of the contracting authority to issue notifications according to Art. 51 para. 1 IVöB | | |
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| f) | designate the cantonal office responsible for uniform implementation and information dissemination in public procurement | | |
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| g) | designate the cantonal office responsible for training and further education in public procurement | | |
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| h) | designate the cantonal office or the authority responsible by legal mandate for the receipt and handling of employee, joint commission or other control body reports in case of non-compliance with provisions on work protection, working conditions, equal treatment of women and men in terms of salary equality, environmental protection, or provisions on illegal employment pursuant to Art. 12 paras. 3 and 4 IVöB | | |
1. Accession to the Intercantonal Agreement on Public Procurement of November 15, 2019, becomes legally binding with the submission of the accession declaration to the Intercantonal Body.
1. This Act is subject to a referendum.
2. The Council of Government determines the commencement.
3. The Act is to be published in the Official Gazette and included in the cantonal collection of laws.