Art. 21 PPA from 2022
Art. 21 Direct award procedure
1 In the direct award procedure, the contracting authority awards a public contract directly without an invitation to tender. The contracting authority is entitled to obtain comparative quotes and to conduct negotiations.
2 The contracting authority may award a contract using the direct award procedure irrespective of the threshold value if one of the following conditions is met:a. In the open, selective or invitation procedure, no tenders or requests to participate are received, no tender meets the essential requirements of the tender or the technical specifications, or no tenderer meets the eligibility criteria.b. There are sufficient indications that all of the tenders received in the open, selective or invitation procedure are based on unlawful agreements affecting competition.c. Due to the technical or artistic features of the contract or for reasons of intellectual property protection, only one tenderer is eligible and there is no appropriate alternative.d. Due to unforeseeable events, procurement becomes so urgent that, even with shortened deadlines, an open, selective or invitation procedure cannot be carried out.e. A change of tenderer for goods, work or services to replace, supplement or extend supplies already provided is not possible for economic or technical reasons, would cause considerable difficulties or would entail substantial additional costs.f. The contracting authority is procuring original products (prototypes) or new types of supplies which are produced or developed at its request as part of a research, trial, study or new development contract.g. The contracting authority is procuring supplies on commodity exchanges.h. The contracting authority can procure supplies at a price significantly lower than the customary prices due to a favourable, temporary offer (particularly in the case of liquidation sales).i. The contracting authority is awarding the follow-up contract to the winner of a planning or turnkey contract competition or of a selection procedure for planning or turnkey contract studies; the following conditions must be met:1. the preceding procedure was conducted in compliance with the principles of the law;2. the proposed solutions were assessed by an independent panel of experts;3. the contracting authority reserved the right in the invitation to tender to award the subsequent contract in a direct award procedure.
3 The contracting authority may use the direct award procedure to award a contract as described in Article 20 paragraph 3 if the direct award procedure is of major significance:a. for maintaining domestic companies which are important for national defence; orb. for safeguarding Switzerland's public interests.
4 The contracting authority shall prepare documentation with the following content on each contract awarded in accordance with paragraphs 2 or 3:a. the name of the contracting authority and the tenderer selected;b. the type and value of the supplies procured;c. an explanation of the circumstances and conditions justifying the use of the direct award procedure.
5 Public contracts may not be defined with the intention that only one specific tenderer is considered for the award from the outset, particularly due to the technical or artistic features of the contract (paragraph 2 letter c) or in the case of replacing, supplementing or extending supplies already provided (paragraph 2 letter e).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
