Federal Act on Public Procurement (PPA) Art. 25

Zusammenfassung der Rechtsnorm PPA:

Art. 25 PPA from 2024

Art. 25 Framework agreements

¹ The contracting authority may issue an invitation to tender towards agreements with one or more tenderers with the aim of determining the terms for the goods, work and services to be procured over a given period, in particular with regard to their price and, where appropriate, the quantities envisaged. The contracting authority may conclude individual contracts based on such a framework agreement during its term.

² Framework agreements may not be used with the intention or effect of impeding or eliminating competition.

³ The term of a framework agreement may not exceed 5 years. An automatic extension is not possible. A longer term may be envisaged in justified cases.

⁴ If a framework agreement is concluded with only one tenderer, the individual contracts based on this framework agreement are concluded in accordance with the terms of the framework agreement. For the conclusion of the individual contracts, the contracting authority may ask the respective contracting party in writing to complete its tender.

⁵ If framework agreements are concluded with several tenderers for sufficient reasons, the contracting authority may choose to conclude individual contracts either in accordance with the terms of the respective framework agreement without a new call for tenders or in accordance with the following procedure:

a. Before concluding each individual contract, the contracting authority consults the contracting parties in writing and informs them of the specific needs.

b. The contracting authority sets the contracting parties a reasonable deadline for submitting tenders for each individual contract.

c. The tenders must be submitted in writing and are binding for the period specified in the request.

d. The contracting authority concludes the individual contract with the contracting party that submits the best tender based on the criteria defined in the tender documentation or framework agreement.

Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.