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. Government Procurement Agreement GPA (WTO Agreement on Government Procurement)

Contracting Authority: Cantons

Construction Services Contract Value (Total Value): CHF 8,700,000.00 (5,000,000 SDR)

Supplies Contract Value: CHF 350,000.00 (200,000 SDR)

Services Contract Value: CHF 350,000.00 (200,000 SDR)

Contracting Authority: Authorities and Public Enterprises in the Sectors of Water, Energy, Transport, and Telecommunications

Construction Services Contract Value (Total Value): CHF 8,700,000.00 (5,000,000 SDR)

Supplies Contract Value: CHF 700,000.00 (400,000 SDR)

Services Contract Value: CHF 700,000.00 (400,000 SDR)

2. According to the Bilateral Agreement between the European Community and the Swiss Confederation, the following contracting authorities are also subject to the treaty

Contracting Authority: Municipalities / Districts

Construction Services Contract Value (Total Value): CHF 8,700,000.00 (6,000,000 EUR)

Supplies Contract Value: CHF 350,000.00 (240,000 EUR)

Services Contract Value: CHF 350,000.00 (240,000 EUR)

Contracting Authority: Private Companies with Exclusive or Special Rights in the Sectors of Water, Energy, and Transport

Construction Services Contract Value (Total Value): CHF 8,700,000.00 (6,000,000 EUR)

Supplies Contract Value: CHF 700,000.00 (480,000 EUR)

Services Contract Value: CHF 700,000.00 (480,000 EUR)

Contracting Authority: Public and Private Companies Operating under Special or Exclusive Rights in the Field of Rail Transport and Gas and Heat Supply

Construction Services Contract Value (Total Value): CHF 8,000,000.00 (5,000,000 EUR)

Supplies Contract Value: CHF 640,000.00 (400,000 EUR)

Services Contract Value: CHF 640,000.00 (400,000 EUR)

Contracting Authority: Public and Private Companies Operating under Special or Exclusive Rights in the Field of Telecommunications

Construction Services Contract Value (Total Value): CHF 8,000,000.00 (5,000,000 EUR)

Supplies Contract Value: CHF 960,000.00 (600,000 EUR)

Services Contract Value: CHF 960,000.00 (600,000 EUR)

1. This Agreement aims to

a) ensure the economically, environmentally, and socially sustainable use of public funds

b) promote transparency in the procurement process

c) ensure equal treatment and non-discrimination of suppliers

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

1. Thresholds and Procedures in Areas Not Covered by Treaties

Procedure Types | Supplies (Contract Value) | Services (Contract Value) | Construction Services (Contract Value) Secondary Construction Trade | Construction Services (Contract Value) Main Construction Trade

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Direct Award Procedure | under CHF 150,000.00 | under CHF 150,000.00 | under CHF 150,000.00 | under CHF 300,000.00

Invitation Procedure | under CHF 250,000.00 | under CHF 250,000.00 | under CHF 250,000.00 | under CHF 500,000.00

Open / Selective Procedure | from CHF 250,000.00 | from CHF 250,000.00 | from CHF 250,000.00 | from CHF 500,000.00

1. In this Agreement, the following terms mean

a) Provider: a natural or legal person of private or public law or a group of such persons that offers services, applies 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 governmental authorities can exert, directly or indirectly, a controlling influence due to ownership, financial participation, or the regulations applicable to the enterprise; a controlling influence is presumed when the enterprise is predominantly financed by the State or by other public enterprises, when it is subject to supervision by the State or by other public enterprises concerning its management, or when its administrative, managerial, or supervisory body predominantly consists of members appointed by the State or other public enterprises

c) State Treaty Area: scope of Switzerland's international obligations concerning public procurement

d) Working conditions: mandatory provisions of the Code of Obligations dated March 30, 1911, concerning employment contracts, normative provisions of collective labor agreements and standard employment contracts, or, in their absence, the customary working conditions for the location and industry

e) Occupational health and safety provisions: regulations of public labor law, including the provisions of the Labour Act dated March 13, 1964, and the associated implementing law, as well as the provisions for accident prevention

f) Public law institution: any institution that

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

2. possesses legal personality and

3. is predominantly financed by the State, territorial entities, or other public law institutions, is subject to supervision by the latter concerning its management, or whose administrative, managerial, or supervisory body predominantly consists of members appointed by the State, territorial entities, or other public law institutions

g) Governmental authorities: the State, territorial entities, public law institutions, and associations composed of one or more of these entities or public law institutions

1. Core Conventions of the International Labour Organization (ILO)

a) Convention No. 29 of June 28, 1930, concerning Forced or Compulsory Labour (SR 0.822.713.9)

b) Convention No. 87 of July 9, 1948, concerning Freedom of Association and Protection of the Right to Organize (SR 0.822.719.7)

c) Convention No. 98 of July 1, 1949, concerning the Application of the Principles of the Right to Organize and to Bargain Collectively (SR 0.822.719.9)

d) Convention No. 100 of June 29, 1951, concerning Equal Remuneration for Men and Women Workers for Work of Equal Value (SR 0.822.720.0)

e) Convention No. 105 of June 25, 1957, concerning the Abolition of Forced Labour (SR 0.822.720.5)

f) Convention No. 111 of June 25, 1958, concerning Discrimination in Respect of Employment and Occupation (SR 0.822.721.1)

g) Convention No. 138 of June 26, 1973, concerning Minimum Age for Admission to Employment (SR 0.822.723.8)

h) Convention No. 182 of June 17, 1999, concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (SR 0.822.728.2)

**1. In the area of state treaties, this agreement applies to state authorities and central and decentralized administrative units, including public law institutions at the canton, district, and municipal levels as defined by cantonal and municipal law, excluding their commercial activities.**

2. In the area of state treaties, this agreement also applies to state authorities and public and private enterprises that provide public services and are equipped 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 for public supply in connection with the production, transport, or distribution of drinking water or supplying these networks with drinking water

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

c) Operating networks for public supply in the transportation sector via light rail, automated systems, streetcar, trolleybus, bus, or cable car

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

e) Supplying transportation companies in inland water transport with ports or other terminal facilities

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

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

h) Exploiting a geographically demarcated area for the purpose of exploring or extracting oil, gas, coal, or other solid fuels

3. The contracting authorities mentioned in paragraph 2 are subject to this agreement only for procurements relevant to the described area of activity, not for their other activities.

4. Outside the area of state treaties, this agreement also applies to

a) Other carriers of cantonal and municipal tasks, excluding their commercial activities

b) Objects and services that are subsidized with public funds for more than 50 percent of total costs

5. If a third party conducts the award of a public contract for one or more contracting authorities, this third party is subject to this agreement just as the contracting authority it represents.

1. Relevant Conventions for the Protection of the Environment and Natural Resources

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| a) | Vienna Convention of 22 March 1985 for the Protection of the Ozone Layer (SR [0.814.02](http://db.clex.ch/link/Bund/0.814.02/de)) and the Montreal Protocol of 16 September 1987 on Substances that Deplete the Ozone Layer concluded under this Convention (SR [0.814.021](http://db.clex.ch/link/Bund/0.814.021/de)) | | |

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| b) | Basel Convention of 22 March 1989 on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (SR [0.814.05](http://db.clex.ch/link/Bund/0.814.05/de)) | | |

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| c) | Stockholm Convention of 22 May 2001 on Persistent Organic Pollutants (SR [0.814.03](http://db.clex.ch/link/Bund/0.814.03/de)) | | |

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| d) | Rotterdam Convention of 10 September 1998 on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (SR [0.916.21](http://db.clex.ch/link/Bund/0.916.21/de)) | | |

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| e) | Convention on Biological Diversity of 5 June 1992 (SR [0.451.43](http://db.clex.ch/link/Bund/0.451.43/de)) | | |

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| f) | United Nations Framework Convention on Climate Change of 9 May 1992 (SR [0.814.01](http://db.clex.ch/link/Bund/0.814.01/de)) | | |

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| --- | --- | --- | --- |

| g) | Convention on International Trade in Endangered Species of Wild Fauna and Flora of 3 March 1973 (SR [0.453](http://db.clex.ch/link/Bund/0.453/de)) | | |

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| h) | Convention on Long-Range Transboundary Air Pollution of 13 November 1979 and the eight protocols ratified by Switzerland under this convention (SR [0.814.32](http://db.clex.ch/link/Bund/0.814.32/de)) | | |

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 as per Article 4, Paragraph 2, the Intercantonal Authority for Public Procurement (InöB) may propose to the Federal Council to completely or partially exempt the corresponding procurements from being subject to this agreement. Contracting authorities active in the affected sector market are entitled to submit a relevant application to the InöB.

2. An exemption applies to the corresponding procurements of all contracting authorities active in the affected sector market.

1. A public contract is an agreement concluded between the contracting authority and the provider, serving the fulfillment of a public task. It is characterized by compensation and the exchange of performance and consideration, whereby the characteristic performance is provided by the provider.

2. The following types of performance are distinguished

a) Construction services (main and ancillary building trades)

b) Supplies

c) Services

3. Mixed contracts consist of different performances according to paragraph 2 and form a single transaction. The qualification of the entire transaction follows the financially predominant performance. Performances may 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 shall not apply to:**

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

b) the acquisition, leasing, or renting of land, buildings, and facilities, as well as the respective rights thereto

c) the provision of financial aid

d) contracts for financial services related to the issuance, purchase, sale, transfer, or administration of securities or other financial instruments, as well as services of central banks

e) orders to institutions for the disabled, labor integration organizations, charitable institutions, and correctional facilities

f) contracts under personnel law

g) public-law pension institutions of the cantons and municipalities

**2. This Agreement shall also not apply to the procurement of services:**

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

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

c) from non-independent organizational units of the contracting authority

d) from providers over whom the contracting authority exercises control equivalent to that over its own departments, provided that these companies primarily render their services for the contracting authority

**3. This Agreement shall furthermore not apply to public contracts:**

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

b) insofar as necessary for the protection of human health or life or the protection of animal and plant life

c) where their advertisement would violate 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 bidders at all stages of the procedure

d) It refrains from price reduction rounds

e) It maintains the confidentiality of the bidders' information

1. For services to be rendered domestically, the contracting authority awards a public contract only to suppliers who comply with the relevant domestic occupational safety regulations and working conditions, the reporting and approval obligations pursuant to the Federal Act of 17 June 2005 on Measures to Combat Illegal Employment (BGSA), as well as the provisions on the equal treatment of women and men regarding wage equality.

2. For services to be rendered abroad, the contracting authority awards a public contract only to suppliers who, at a minimum, comply with the core conventions of the International Labour Organization (ILO) as specified in Annex 3. The contracting authority may additionally require compliance with further essential international labor standards and may request corresponding evidence and agree on inspections.

3. The contracting authority awards a public contract only to suppliers who, at a minimum, comply with the legal regulations in force at the place of performance regarding environmental protection and the preservation of natural resources. This includes the provisions of Swiss environmental law domestically, and internationally, the conventions designated by the Federal Council for environmental protection as specified in Annex 4.

4. Subcontractors are obligated to comply with the requirements outlined in paragraphs 1 through 3. These obligations must be incorporated into the agreements between the suppliers and the subcontractors.

5. The contracting authority may verify compliance with the requirements outlined in paragraphs 1 through 3 or delegate the verification to third parties, provided that this task has not been assigned to a specialized regulatory authority or another suitable entity, particularly a joint monitoring body. For conducting these verifications, the contracting authority may provide the necessary information and make available documents to the authority or monitoring body. Upon request, the supplier must present the required evidence.

6. The authorities and monitoring bodies involved in ensuring compliance with the requirements outlined in paragraphs 1 through 3 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 procedure if they

a) have a personal interest in the contract

b) are connected to a bidder or a member of its body through marriage, registered partnership, or are in a de facto cohabitation

c) are related or allied to a bidder or a member of its body in a direct line or up to the third degree in a collateral line

d) are representatives of a bidder or have acted on behalf of a bidder in the same matter, or

e) lack the independence required for the conduct of public procurement due to other circumstances

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

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

4. The contracting authority may stipulate in the tender that bidders who have a relationship that constitutes grounds for recusal with a jury member in 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 thereby gained cannot be offset by appropriate measures and if their exclusion does not jeopardize effective competition among the providers.

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

a) the disclosure of all significant information regarding preliminary work

b) the disclosure of participants 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 constitute prior involvement of the providers consulted. 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 the procedure is determined by whether a contract reaches a threshold value set in Appendix 1 and Appendix 2. The InöB periodically adjusts these threshold values after consulting the Federal Council in accordance with international obligations.

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

3. If the total value of several construction services for the realization of a building project reaches the threshold value of the state treaty area, the provisions of this agreement for procurements within the state treaty area shall apply. However, if the values of the individual services do not exceed two million Swiss Francs and the total value of these services does not exceed 20 percent of the total value of the construction project, the provisions for procurements outside the state treaty area shall apply to these services (minor clause).

4. Outside the state 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. Direct Awarding in Informal Procedures

In the informal procedure, the contracting authority awards a public contract directly without a call for tenders. The contracting authority is entitled to obtain comparative offers and conduct negotiations.

2. The contracting authority may award a contract regardless of the threshold if one of the following conditions is met

a) No offers or applications to participate are received in an open procedure, selective procedure, or invitation procedure; no offer meets the essential requirements of the tender or the technical specifications, or no bidder meets the suitability criteria.

b) There is sufficient evidence that all offers received in the open procedure, selective procedure, or invitation procedure are based on an inadmissible competition agreement.

c) Due to the technical or artistic peculiarities of the contract or for reasons of intellectual property protection, only one provider is suitable, and there is no reasonable alternative.

d) Due to unforeseen events, procurement becomes so urgent that even shortened deadlines do not permit an open, selective, or invitation procedure to be conducted.

e) Changing the provider for services to replace, supplement, or expand existing services is not possible for economic or technical reasons, would pose significant difficulties, or entail substantial additional costs.

f) The contracting authority procures first-time creations (prototypes) or novel services developed or manufactured at its request as part of a research, experimental, study, or new development contract.

g) The contracting authority procures services on commodity exchanges.

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

i) The contracting authority awards the follow-up contract to the winner of a planning or overall performance competition or a selection procedure for planning or overall performance studies; the following conditions must be met

1. The preceding procedure was conducted in accordance with the principles of the agreement.

2. The proposed solutions were evaluated by an independent panel of experts.

3. The contracting authority reserved the right in the tender to award the follow-up contract or coordination directly.

3. The contracting authority prepares a documentation for each contract awarded under the provisions of Paragraph 2 with the following content

a) Name of the contracting authority and the selected provider.

b) Type and value of the acquired service.

c) Explanation of the circumstances and conditions justifying the use of the informal 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 client may conduct an electronic auction for the procurement of standardized services within the framework of a procedure according to this agreement. In this process, the bids are revised after an initial comprehensive evaluation and re-ranked using electronic tools and potentially multiple rounds. This must be indicated in the invitation to tender.

2. The electronic auction covers

a) the prices, if the award is given for the lowest total price, or

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

3. The client verifies whether the bidders meet the suitability criteria and whether the bids fulfill the technical specifications. A preliminary evaluation of the bids is conducted based on the award criteria and the weighting established for such criteria. Before the auction begins, the client 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 bid, and

c) all other relevant information for conducting the auction.

4. All qualified bidders are simultaneously invited electronically to submit new or revised bids. The client may limit the number of qualified bidders provided that this has been disclosed in the invitation to tender or in the tender documents.

5. The electronic auction may comprise several consecutive rounds. In each round, the client informs all bidders of their respective ranking.

1. In the case of complex contracts, intellectual services, or the procurement of innovative services, a contracting authority may conduct a dialogue as part of an open or selective procedure with the aim of specifying the subject matter of the service and determining and establishing the solutions or approaches. The dialogue must be indicated in the call for tenders.

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

3. The contracting authority formulates and explains its needs and requirements in the call for tenders or in the tender documents. It also announces

a) the procedure of the dialogue

b) the possible contents 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, will be compensated

d) the deadlines and modalities for submitting the final offer

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

5. It documents the procedure 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 contracting authority ensures, within the framework of the procurement procedure and during the performance of the awarded services, that the provider and its subcontractors meet the eligibility criteria, notably the conditions set forth in Art. 12, have paid the due taxes and social security contributions, and refrain from collusive tendering agreements.

2. The contracting authority may require the provider to demonstrate compliance with the eligibility criteria, particularly by means of a self-declaration or inclusion in a register.

3. The contracting authority specifies in the invitation to tender or in the tender documents the timing and specific evidence that are required to 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 designated by law may maintain a register of providers who, based on their qualifications, meet the requirements for undertaking public contracts.

2. The following information must be published on the internet platform of the Federation and the Cantons

a) Reference to the register

b) Information on the criteria to be met

c) Examination methods and registration conditions

d) Duration of validity and procedures for renewing the entry

3. A transparent procedure must ensure that the submission of applications, the assessment or reassessment of qualifications, as well as the entry of an applicant into the register or their deletion from the register, can be carried out at any time.

4. In a specific procurement project, providers not listed in a register may also be admitted, provided they furnish proof of qualification.

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 Tender 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, and for Services also the Relevant CPC Classification

c) Description of the Services, including the Type and Quantity, or an Estimate if the Quantity is Unknown, as well as any Options

d) Place and Time of Performance

e) If Applicable, Division into Lots, Limitation of the Number of Lots, and Admission of Partial Offers

f) If Applicable, Limitation or Exclusion of Joint Ventures and Subcontractors

g) If Applicable, Limitation or Exclusion of Variants

h) For Recurrent Services, Where Possible an Indication of the Time of Subsequent Postings and, If Applicable, a Notice that the Submission Deadline will be Shortened

i) If Applicable, Notice of an Electronic Auction

j) If Applicable, the Intention to Conduct a Dialogue

k) Deadline for Submitting Bids or Requests to Participate

l) Formal Requirements for Submitting Bids or Requests to Participate, If Applicable the Requirement that Services and Price be Offered in Two Separate Envelopes

m) Language or Languages of the Procedure and the Bid

n) Suitability Criteria and Required Evidence

o) In a Selective Procedure, If Applicable, the Maximum Number of Suppliers to be Invited to Submit an Offer

p) Award Criteria and Their Weighting, Unless this Information is Contained in the Tender Documents

q) If Applicable, Reservation to Award Partial Services

r) Validity Period of the Bids

s) Source of the Tender Documents and, If Applicable, a Cost-covering Fee

t) Indication of Whether the Procurement Falls Within the Scope of State Treaty Areas

u) If Applicable, Pre-consulted Suppliers Admitted to the Procedure

v) Information on Legal Remedies

1. To the extent that this information is not already included in the invitation to tender, the tender documents provide details on

a) The name and address of the contracting authority

b) The object of the procurement, including technical specifications and certificates of conformity, plans, drawings, and necessary instructions, as well as information on the quantity required

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

d) The award criteria and their weighting

e) If the contracting authority conducts the procurement electronically: any requirements for authentication and encryption when submitting information electronically

f) If the contracting authority provides for an electronic auction: the rules by which the auction is conducted, including the designation of those elements of the offer that can be adjusted and evaluated based on the award criteria

g) The date, time, and location for the opening of the bids, if the bids are opened publicly

h) All other modalities and conditions necessary for the preparation of bids, particularly the indication of the currency in which the bid must be submitted (usually Swiss Francs)

i) Deadlines for the provision of services

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

2. A protocol is prepared regarding the opening of the bids. This protocol must include at least the names of the persons present, the names of the bidders, the date of submission of their bids, any possible bid variants, and the respective total prices of the bids.

3. If performance and price are to be submitted in separate envelopes, the procedure described in paragraphs 1 and 2 shall be followed for the opening of the envelopes, whereby the protocol for the opening of the second envelopes shall only record the total prices.

4. Upon request, all bidders shall be granted access to the protocol no later than after the 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 principal may clarify the proposals with the providers regarding the services and the modalities of their delivery in order to determine the most advantageous offer.

2. Clarification only occurs when

a) it thereby becomes possible to clarify the contract or the offers or to make the offers objectively comparable according to the award criteria, or

b) modifications to the services are objectively and factually necessary, provided that the subject matter of the services, criteria, and specifications are not altered in such a way that changes the characteristic performance or the potential pool of providers.

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

4. The principal records the results of the clarification 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 terminate the procurement procedure, particularly if

a) it refrains from awarding the public contract for valid reasons

b) no offer satisfies the technical specifications or other requirements

c) more advantageous offers are to be expected due to changed conditions

d) the submitted offers do not allow for economical procurement or significantly exceed the cost framework

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

f) a significant change in the required services becomes necessary

2. In the event of a justified termination, the bidders are not entitled to compensation.

**1. The client may exclude a provider from a procurement procedure, remove them from a directory, or revoke a previously awarded contract if it is determined that one of the following circumstances applies to the provider, its organs, an engaged third party, or their organs:**

a) they no longer meet the conditions for participation in the procedure, or their behavior disrupts the lawful conduct of the procurement procedure

b) the offers or requests for participation contain significant form errors or substantially deviate from the binding requirements of a tender

c) there is a legally binding conviction for an offense against the respective client or a crime

d) they are undergoing garnishment or bankruptcy proceedings

e) they have violated anti-corruption regulations

f) they resist ordered inspections

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

h) they have inadequately fulfilled previous public contracts or in other ways demonstrated that they are not reliable and trustworthy contractual partners

i) they were involved in the preparation of the procurement, and the resulting competitive disadvantage of other providers cannot be compensated with appropriate means

j) they have been definitively excluded from future public contracts pursuant to Art. 45 para. 1

**2. Additionally, the client may take measures according to para. 1 if there are sufficient indications that one of the following circumstances applies to the provider, its organs, an engaged third party, or their organs in particular:**

a) they have made false or misleading statements and information to the client

b) inadmissible competitive agreements have been made

c) they submit an unusually low offer without proving upon request that the participation conditions are met and do not guarantee the compliant execution 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 the equal treatment of men and women regarding pay equality, provisions on confidentiality, Swiss environmental law, or international agreements designated by the Federal Council for environmental protection

g) they have violated reporting or approval obligations under the BGSA

h) they violate the Federal Act of 19 December 1986 against Unfair Competition (UWG)

1. The contracting authority or the authority responsible under statutory regulation may exclude a provider or subcontractor, who themselves or through their organs seriously fulfill one or more of the facts stated in Art. 44 para. 1 lit. c and lit. e, as well as para. 2 lit. b, lit. f, and lit. 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 sanctioning options apply irrespective of further legal steps against the errant provider, subcontractor, or their organs. The contracting authority or the authority responsible under statutory regulation shall notify the Competition Commission of the suspicion of unlawful collusive agreements as per Art. 44 para. 2 lit. b.

3. The contracting authority or the authority responsible under statutory regulation shall report a legally binding exclusion according to para. 1 to the InöB. The InöB maintains a non-public list of sanctioned providers and subcontractors, indicating the reasons for exclusion as well as the duration of exclusion from public contracts. It ensures that any contracting authority can receive the relevant information regarding a specific provider or subcontractor. An access procedure may be established for this purpose. The Confederation and the cantons share all information gathered under this article with each other. The entry is removed from the list after the sanction expires.

4. If a contracting authority violates this agreement, the authority responsible under statutory regulation issues the appropriate instructions and ensures compliance.

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

1. In determining the deadlines for the submission of offers or requests to participate, the contracting authority shall take into account the complexity of the contract, the expected number of subcontracts, and the means of communication.

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

a) In an open procedure: 40 days from the publication of the call for tenders for the submission of offers.

b) In a selective procedure: 25 days from the publication of the call for tenders for the submission of requests to participate and 40 days from the invitation to tender for the submission of offers.

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

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

1. The contracting authority may reduce the minimum time limits according to Article 46, paragraph 2, to not less than 10 days in cases of proven urgency.

2. It may reduce the minimum offer period of 40 days according to Article 46, paragraph 2, by 5 days each if

a) the call for tenders is published electronically,

b) the tender documents are published electronically at the same time,

c) offers are received electronically.

3. It may reduce the minimum offer period of 40 days according to Article 46, paragraph 2, to not less than 10 days, provided that it has published a prior notice containing the following details at least 40 days and at most 12 months before the publication of the call for tenders

a) Subject of the intended procurement,

b) Approximate deadline for submitting offers or requests to participate,

c) Statement that interested suppliers should notify the contracting authority of their interest in the procurement,

d) Contact point for the tender documents,

e) All further information already available at that time according to Article 35.

4. It may reduce the minimum offer period of 40 days according to Article 46, paragraph 2, to not less than 10 days when recurring services are procured and a prior notice about the reduction of the time limit was given in an earlier call for tenders.

5. Furthermore, the contracting authority may, in every case, reduce the submission deadline to not less than 13 days when purchasing commercial goods or services, or a combination of both, provided that it publishes the tender documents electronically at the same time as the call for tenders. If the contracting authority receives offers for commercial goods or services electronically, it may also reduce the deadline to not less than 10 days.

1. In the open and selective procedures, the contracting authority publishes the advance notice, the call for tenders, the award, and the termination of the procedure on an internet platform for public procurement jointly operated by the federal government and the cantons. It also publishes awards made by direct agreement in the context of international treaties.

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

3. The organization commissioned by the federal government and the cantons with the development and operation of the internet platform may charge fees to contracting authorities, suppliers, and other persons using the platform or related services. These fees are based on the number of publications or the extent of the services used.

4. For each contract in the context of international treaties, not tendered in an official language of the World Trade Organization (WTO), the contracting authority publishes a summary of the announcement in a WTO official language simultaneously with the call for tenders. 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 context of international treaties, due regard shall be given to the linguistic conditions of the area in which the contract is to be executed.

6. Awards granted in the context of international treaties are generally to be published within 30 days. The announcement contains 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 supplier

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

7. The cantons may provide for additional publication organs.

1. The contracting authorities shall retain the relevant documents related to a procurement procedure for a minimum of three years from the time the award becomes legally binding.

2. The documents to be retained include

a) the invitation to tender

b) the tender documents

c) the record of the opening of tenders

d) the correspondence regarding the procurement procedure

e) the negotiation records

f) decisions made within the framework of the procurement procedure

g) the accepted tender

h) data for tracing the electronic processing of a procurement

i) documentation on public contracts awarded freely in the context of international agreements

3. All documents are to be treated as confidential for the duration of their retention, unless this agreement provides for disclosure. This is subject to the obligation to provide information, insofar as there is a legal basis for it.

1. The cantons shall prepare, within 12 months after the end of each calendar year, an electronically maintained statistics report on the procurements of the previous year in the area of the state contracts for submission to the State Secretariat for Economic Affairs (SECO).

2. The statistics shall contain at least the following information

a) The number and total value of public contracts for each contracting authority, categorized into construction, supply, and service contracts, including the specification of 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 of the information according to sub-clause a and sub-clause b, with explanations of the estimation method used.

3. The total value shall be stated inclusive of value-added tax in each case.

4. The overall statistics of SECO shall be publicly accessible, subject to data protection and the safeguarding of trade secrets.

1. The client communicates decisions by publication or by individual delivery to the bidders. Before the decision is communicated, the bidders have no right to be heard.

2. Decisions that can be appealed must be provided with a summary reasoning and information on legal remedies.

3. The summary reasoning of an award includes

a) the type of procedure and the name of the successful bidder

b) the total price of the successful bid

c) the essential characteristics and advantages of the successful bid

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

4. The client must not disclose information if it would

a) violate applicable law or harm public interests

b) adversely affect the legitimate economic interests of the bidders or

c) jeopardize fair competition between the bidders.

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. The following decisions are subject to appeal exclusively

a) the invitation to tender

b) the decision on the selection of providers in the selective procedure

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

d) the decision on disqualification requests

e) the award of the contract

f) the revocation 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, whose significance is apparent, must be contested together with the invitation to tender.

3. Provisions of this agreement regarding 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 according to para. 1 lit. c and lit. i can be appealed regardless of the contract value.

5. Besides this, legal protection against decisions under this agreement is excluded.

6. Appeals against the conclusion of individual contracts pursuant to Art. 25 para. 4 and para. 5 are 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 substantiated within 20 days of notification of the decision.**

2. There are no court holidays.

3. The following can be challenged by complaint

a) Legal violations, including excess or abuse of discretion, and

b) the incorrect or incomplete determination of the legally relevant facts.

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

5. Only those who can prove that they can and want to provide the requested services or substitutable services can file a complaint against awards in a negotiated procedure. It can only be challenged that the negotiated procedure was wrongfully 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 shall apply mutatis mutandis.

1. The Supervision of Switzerland's International Obligations in the Area of Public Procurement

The supervision of Switzerland's international obligations in the area of public procurement is entrusted to the Commission on Procurement Federal-Cantons (KBBK). This commission is composed of representatives from both the federal and cantonal levels on a parity basis. The Secretariat is provided by the State Secretariat for Economic Affairs (SECO).

2. The KBBK specifically undertakes the following tasks

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

b) Promoting the exchange of information and experiences between the federal government and the cantons and developing recommendations regarding the implementation of international obligations in Swiss law

c) Maintaining relations with foreign supervisory authorities

d) Providing advice and mediation in individual cases involving disputes related to activities under paragraphs a to c

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

4. The KBBK may prepare expert opinions or commission experts to do so.

5. It adopts internal regulations, which require approval from the Federal Council and the Conference of Cantonal Governments (InöB).

1. The members of the cantons involved in the agreement within the Swiss Conference of Cantonal Ministers of Building, Planning, and Environmental Protection (BPUK) form the Intercantonal Body for Public Procurement (InöB).

2. The InöB particularly performs the following tasks

a) Issuance of this agreement

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

c) Adjustment of the threshold values

d) Proposal to the Federal Council for exemption from the application of this agreement and acceptance of related requests from contracting authorities pursuant to Art. 7 para. 1 (Opt-out clause)

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

f) Maintaining the list of sanctioned providers and subcontractors in accordance with Art. 45 para. 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) Designation of cantonal delegates in national and international bodies and approval of the corresponding rules of procedure

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 cast by a member of the cantonal government.

4. The InöB collaborates with the conferences of the heads of the relevant cantonal departments, with the specialized conferences of the cantons, 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 accede to the agreement by making a declaration to the InöB.

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

3. Accession and withdrawal as well as any amendments or termination of this agreement shall be notified to the Federal Chancellery by the InöB.

4. The cantons may issue implementing provisions, particularly with regard to Art. 10, Art. 12, and Art. 26, while respecting 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.